Entitlement to Common Law Marriage

My boyfriend was married in Europe about eleven years ago, but was separated from his wife in less than 3 days (I'm not kidding). A legal separation or divorce was never filed as there were children involved. He moved to Canada (Ontario) in 1992 and subsequently his girlfriend moved into his apartment. They split approximately 18 months ago, but continued to share the apartment until he moved permanently to the US in April of this year. He has now filed for divorce as we plan to be married. My question is: Does his former girlfriend have any rights? She is claiming a common-law marriage existed. Is this possible if she moved in with him knowing that he was already married?

[MySonsMom]

Since he was already legally married to someone else, I don't believe that a common law marriage would be relivent. Perhaps LeagleBeagle or IAAL can confirm.

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*There is no love, like the unconditional love of a Mother*

-I am not an Attorney, any advice given is strictly advice-

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MySonsMom:
[b]Since he was already legally married to someone else, I don't believe that a common law marriage would be relivent. [/b]<HR></BLOCKQUOTE>

I do not know Canadian laws.. but there is no way a common law marriage can exist if one party is already married. So MSM is correct.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MySonsMom:
[b]Since he was already legally married to someone else, I don't believe that a common law marriage would be relivent. Perhaps LeagleBeagle or IAAL can confirm.

[/b]<HR></BLOCKQUOTE>

Thanks to you and LeagleBeagle. That's what I told my boyfriend. Unfortunately, she intends to pursue the matter through the courts and we will have to deal with it in that forum.

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lk11723:
[b] Thanks to you and LeagleBeagle. That's what I told my boyfriend. Unfortunately, she intends to pursue the matter through the courts and we will have to deal with it in that forum.[/b]<HR></BLOCKQUOTE>

What exactly is she after ?? What nationality is he ??

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b] What exactly is she after ?? What nationality is he ?? [/b]<HR></BLOCKQUOTE>

He is from Poland. She is from Bulgaria.
She wants money... what else?

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lk11723:
[b] He is from Poland. She is from Bulgaria.
She wants money... what else?
[/b]<HR></BLOCKQUOTE>

And she has filed in Canada ?? She does not have a pray..

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b] And she has filed in Canada ?? She does not have a pray.. [/b]<HR></BLOCKQUOTE>

I am glad to hear that. He's let his legal issues go long enough and another is really not needed. She's really a nut job. The only reason she is still in that apartment in Canada is because he felt sorry for her. Every time he told her to move out, she started crying, etc... So he finally left. We went back there last month to pick up the rest of his belongings and she first asked him for money, which he did not give her... And then she says "So are you going to marry me or what... we're already married in common law." LOL

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b] And she has filed in Canada ?? She does not have a pray.. [/b]<HR></BLOCKQUOTE>

What if she tries to claim she did not know he was already married?

[LegalBeagle]

My comments were regards to the common law issue.. I have no idea if Canadian law would allow her anything to do with the apt if she has contributed to it in anyway. That is if he owns it..

[This message has been edited by LegalBeagle (edited October 17, 2000).]